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2726
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Ch. 678
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LAWS OF MARYLAND
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institute a proceeding under this subtitle in the circuit
court for the county or the Criminal Court of Baltimore
to set aside or correct the sentence, provided the
alleged error has not been previously and finally
litigated or waived in the proceedings resulting in the
conviction, or in any other proceeding that the
petitioner has taken to secure relief from his
conviction.
SECTION 2. AND BE IT FURTHER ENACTED, That Section
4(b) of Article 27A - Public Defender, of the Annotated
Code of Maryland (1976 Replacement Volume and 1976
Supplement) be and it is hereby repealed and reenacted,
with amendments, to read as follows:
Article 27A — Public Defender
4.
(b) Legal representation shall be provided
indigent defendants in the following proceedings:
(1) In any criminal or juvenile proceeding
constitutionally requiring the presence of counsel prior
to presentment before a commissioner or judge.
(2) Criminal or juvenile proceedings, where
the defendant is charged with a serious crime, before the
District Court of Maryland, the Supreme Bench of
Baltimore City, the various circuit courts within the
State of Maryland, and the Court of Special Appeals.
[(3) Proceedings under the defective
delinquent laws, Article 31B, Annotated Code of
Maryland.]
[(4)] (3) Postconviction proceedings under
Article 27, Annotated Code of Maryland.
[(5)](4) Any other proceeding where
possible incarceration pursuant to a judicial commitment
of individuals in institutions of a public or private
nature may result.
SECTION 3. AND BE IT FURTHER ENACTED, That Sections
204A(a) and 204C(c) of Article 4 1 - Governor-Executive
and Administrative Departments, of the Annotated Code of
Maryland (1971 Replacement Volume and 1976 Supplement) be
and they are hereby repealed and reenacted, with
amendments, to read as follows:
Article 41 - Governor-Executive and
Administrative Departments
204A.
(a) The following departments, agencies, boards,
commissions, offices, divisions, and units of the State
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